We have previously criticized arbitrary excesses of “best practices” in the trial courts and have complimented the Appellate Division when it ameliorates injustices. In Werthmann v. New Jersey Manufacturers Ins. Co., decided Oct. 5 by the Appellate Division, we believe that both courts got it wrong.
In an automobile negligence case, the defense had been granted three adjournments after two adjournments by the trial court. On the sixth listing, plaintiffs’ counsel for the first time requested a further adjournment because his psychiatric expert was not available and the case could not be proven without him. Counsel agreed to have the testimony videotaped and used de bene esse. The judge refused, stating that “the doctor should have been on notice or in the can (videotaped) before this.” The case was dismissed with prejudice.
